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AF | BCMR | CY2010 | BC-2009-00607
Original file (BC-2009-00607.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00607 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her reason for discharge of “Erroneous Enlistment” be changed to 
“Medical”. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She had flat feet which disqualified her from remaining in the Air 
Force; however, she believes she should receive a “Medical” 
discharge because she is receiving 10% disability compensation from 
the Department of Veterans Affairs (DVA). 

 

In support of her request, the applicant provides a copy of letter 
from her Senator’s office and a copy of her DD Form 293, Application for the Review of Discharge from the Armed Forces of 
the United States. 

 

Her complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 11 Mar 08 and 
was progressively promoted to the grade of airman first class (E-
3), having assumed that grade effective and with a date of rank of 
25 Apr 08. The applicant was notified by her commander that he was 
recommending that she be discharged from the Air Force under the 
provisions of AFI 36-3208, Chapter 5, paragraph 5.14, Erroneous 
Enlistment. The specific reason for this action was for being 
diagnosed with flat feet, and the condition existed prior to 
entering the military. Had the Air Force known this condition 
would have prevented her from performing her duties, she would not 
have been allowed to enter into the military. The applicant 
consulted counsel and submitted statements on her own behalf. 
After a legal review, the deputy staff judge advocate found the 
case legally sufficient. The applicant received an honorable 
discharge from the Air Force on 26 Nov 08 after serving 8 months 
and 16 days on active duty. 

 

___________________________________________________________________ 

 

AIR FORCE EVALUATION: 


 

AETC/SGPS recommends denial. SGPS states that after a review of 
the applicant’s medical records, it was noted that she had 
asymptomatic bilateral pes planus on her 8 Jun 07 accession 
physical. She completed basic military training school; however, 
after she was assigned to security forces it was found that she had 
stress changes in her ankles that her physicians felt was a result 
of her pes planus. She could not continue to train as a security 
forces member and was put on medical hold for a second time. Once 
she was reevaluated, it was determined that her condition existed 
prior to service and she was recommended for an entry-level 
separation under the “Erroneous Enlistment” clause. SGPS cannot 
support her request to change her RE code or narrative reason for 
separation. 

 

The SGPS complete evaluation is at Exhibit C. 

 

___________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 26 Jul 10 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

___________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. In this respect, 
the Board would like to point out the Department of Defense (DoD), 
operating under Title 10, United States Code (U.S.C.), only 
provides disability compensation for the medical condition(s) 
which is (are) the cause for career termination, and then only for 
the degree of impairment present at the time of final military 
disposition. However, on the other hand, the DVA is authorized to 
offer compensation for any illness or injury determined service-
incurred or aggravated, without regard to its demonstrated impact 
upon a service member’s retainability, fitness to serve, or 
underlying reason for separation. Therefore, based on the 
aforementioned, we agree with the opinion and recommendation of 
the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application. 

 


_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that the 
application will only be reconsidered upon the submission of newly 
discovered relevant evidence not considered with this application. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2009-00607 in Executive Session on 21 Sep 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Sep 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AETC/SGPS, dated 7 Jun 10. 

 Exhibit D. Letter, SAF/MRBR, dated 26 Jul 10. 

 

 

 

 

 

 Panel Chair 



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